IN THE CASE OF:	  

		BOARD DATE:	  16 July 2013

		DOCKET NUMBER:  AR20120022596 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he deployed to Iraq, Kuwait, and Saudi Arabia, and all awards he may be entitled to for his service in Southwest Asia.

2.  The applicant states his DD Form 214 does show his service in Southwest Asia, but not the awards for being there.  He learned about the awards from former fellow Soldiers who served with him in Southwest Asia.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant had prior service in the Army National Guard.  He enlisted in the Regular Army on 22 March 1983.  He completed training and was awarded military occupational specialty 63W (Wheel Vehicle Repairer).

3.  The applicant was assigned to the 586th Maintenance Company in Germany on 18 July 1983 upon completion of training.  He remained with this unit until he was discharged.

4.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Southwest Asia from 13 December 1990 to 20 May 1991.

5.  On 9 July 1991, he was honorably discharged from active duty.  His DD Form 214 shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Service Ribbon
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Achievement Medal
* Overseas Service Ribbon
* Driver and Mechanic Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

	b.  item 18 (Remarks) – "SERVICE IN SWA [SOUTHWEST ASIA] 
13 DEC 1990 TO 20 MAY 1991."

6.  General Orders Number 27, Headquarters, Department of the Army, dated 27 December 1994, show the 586th Maintenance Company was awarded the Meritorious Unit Commendation for exceptional meritorious conduct in the performance of outstanding service during the period 23 December 1990 to 19 May 1991.

7.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991) 
* Southwest Asia Cease-Fire (12 April 1991-30 November 1995)

8.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and was awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.

9.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and was awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  It states for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant deployed to Southwest Asia in support of Operations Desert Shield/Desert Storm and he participated in three campaigns.  Therefore, he is entitled to award of the Southwest Asia Service Medal with three bronze service stars and correction of his DD Form 214 to add this award.

2.  Based on his service in support of Operations Desert Shield/Desert Storm he is also entitled to award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait and correction of his DD Form 214 to show these awards.

3.  The 586th Maintenance Company was cited for award of the Meritorious Unit Commendation during the applicant's assignment to the unit.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The applicant's request to correct his DD Form 214 to show he was deployed to Iraq, Kuwait, and Saudi Arabia was carefully considered; however, there is insufficient evidence to support his request.  A Soldier's deployed service is to be entered on the DD Form 214 listing the period and country in accordance with Army Regulation 635-5.  Unfortunately, his record does not specify the countries he served in or the periods of such service.  However, Southwest Asia accurately captures the location of his deployed service.  As such, there is an insufficient basis upon which to grant this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to item 13 of his DD Form 214 for the period ending 9 July 1991:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Meritorious Unit Commendation

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correct the applicant's DD Form 214 to show he served in Iraq, Kuwait, and Saudi Arabia.



      ___________x____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20120022596



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120022596



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1